I am sure that there are plenty of opportunities to bash the EU, but not here.
The EU courts have nothing to do with it. Here is what they do:
http://europa.eu/about-eu/institutio...e/index_en.htm
You are probably thinking of the European Court of Human Rights which enforces the Convention for the Protection of Human Rights and Fundamental Freedoms ratified in 1952 .
The EU has not yet signed the ECHR, thus the ECHR is not EU law, but each member state of the EU has individually signed the ECHR. Russia e.g. is a signatory state to the ECHR but not an EU member state.
Makes you look bad, if you sue to the wrong court.
Breivik's case can be taken to the European Court of Human Rights but not to the European Court of Justice, because:
"The CJEU and you
If you – as a private individual or as a company – have suffered damage as a result of action or inaction by an EU institution or its staff, you can take action against them in the Court, in one of 2 ways:
indirectly through national courts (which may decide to refer the case to the Court of Justice)
directly before the General Court – if a decision by an EU institution has affected you directly and individually.
If you feel that the authorities in any country have infringed EU law, you must follow the official complaints procedure" (from the above link).